Scenario:

Durban Boys' High School is a multiracial public school in KwaZulu-Natal. The newly appointed principal of the school has recently been criticised in the media for his dictatorial style of running the school. In fact, his latest unilateral decision to change the language policy of the school from English to Afrikaans has evoked considerable protest action by membersof the public and has resulted in the learners revolting. Hitesh is a Grade 9 learner at the school.His 4father is an alcoholic and persistently beats both him and his mother. Hitesh has received counselling from the school psychologist for exhibitingbullying behaviour and violent tendencies at school. In May2021,after being beaten by his father earlier that morning;Hitesh arrives at school and in a fit of ragephysically assaults a schoolmate named V. Instead of reporting the matter tothe policeand followingthe criminal process, the school principal convenes a meeting with the school governing body, which decides to:

(1) strike Hitesh 20 times with a whip;and

(2) expel him from the school.Hitesh's parents are extremely unhappywith the decisionof theschool principal and they approach you for advice on this matter.

Questions:

Write a legal opinion in which you comprehensively discuss the following:

(1) Disregarding the social and criminal implications associated withthisscenario;it is obviousthat an expulsion would impact Hitesh'sright to a basic education. With the aid of one relevant caselaw, comment critically on the content of the right to a basic education (section 29(1)(a) of the Constitution of the Republic of South Africa, 1996) as a fundamental right entrenched in the Bill of Rights.

(2)Assess the constitutionality of the school governing body's decision to strike Hitesh with a whip and to expel him from the school without due process.